Working therapist on vacation
HOLIDAY REQUIREMENTS DURING PRACTICAL ACTIVITY
A vacation entitlement is usually regulated in the employment contract. The contractual basis under which PiA do their practical work is extremely variable (employment, internship contract, guest scientist, no contract at all, etc.) If the contract does not regulate vacation, there is also no vacation entitlement. Employees and trainees, for example, have the right to vacation under the BBiG.
The question of whether vacation or incapacity to work is counted towards the 1200 hours or not is independent of the question of vacation entitlement. So far, this has been handled differently in each clinic. Formally, the state examination offices are the point of contact, the body that makes the decision. In practical terms, there are no official announcements here either.
If one interprets the PT training regulations narrowly, namely that the goal is that one has been in psychiatry for a certain number of hours, 1200 hours, then one should not deduct the vacation. You wouldn't get these 1200 hours anymore.
If one judges the matter according to the criterion of the success of the practical activity with regard to the learning goal, many PiA perceive the number of hours of 1200 as too long anyway. The draft law of the BPtK also contains a reduction from 1,800 hours to 1,200.
Calculation example: If the number of hours per week is 25 hours, crediting the vacation to the number of hours would mean a deduction of approx. 100 hours. This did not hinder the achievement of the learning objective.
Statutory vacation entitlement
The vacation entitlement of salaried employees is regulated in the Federal Vacation Act (BUrlG). However, this law does not apply to "interns" and the like.
§ 1 Entitlement to vacation: Every employee is entitled to paid vacation leave in each calendar year.
§ 3 Duration of the vacation: (1) The annual vacation is at least 24 working days.
The case law assumes (at least) 4 weeks vacation in the working year. "At least" means that more vacation can be agreed, this is the case with some collective agreements.
Vocational Training Act
The Vocational Training Act is excluded for PT training. The term "employed for vocational training" does not apply either. Because this also means training in accordance with the BBiG.
Our internship relationships are usually not regulated in collective agreements.
There is the "TV Prakt" internship tariff, which can be applied to educators in the year of recognition, for example. It was won by some PiA and of course regulates the vacation as well as the payment.
Strategy and arguments
From the legal framework it follows that every PiA has to negotiate his / her vacation himself. They do not regulate the extent to which the vacation should be counted towards the number of hours or not. In addition, they motivate people to work towards a new regulation of practical work.
- It can be argued that other trainees / interns also have vacation.
- You can turn to the training managers of the training institutes. They have a duty of care for their PiAs, which they "lend" to the cooperating clinics.
- The State Office for Health and Social Affairs also has a duty of supervision and care. In Berlin we already had talks with the supervisory authority and the training managers. The LAGeS was so concerned that trainees should not be overwhelmed in such a demanding work environment.
- We have to keep on striking because we need employment relationships during practical work that are regulated by law and by collective bargaining agreements.
- There are also regulation options through the cooperation agreements, but these are not used enough by our own training managers.
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